LEGAL NOTICE

LEGAL NOTICE

1. Introduction.

In order to comply with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), we inform users and visitors to the website of these terms and conditions, which are binding.

This Legal Notice was revised in May 2023, so there may be changes until the next revision.

2. Identification of the website owner.

• Name: NEWGARDEN SPAIN S.L.
• Tax ID: B98434665
• Address: FRANCIA, 5, P.I. LAS SALINAS. 30840 ALHAMA DE MURCIA (MURCIA) Spain.
• Phone: +34 968978806
• Email: info@newgarden.es
• Registration details: Alicante Commercial Registry T 2997 , F 190, S 8, H MU 83324

3. Purpose and acceptance.

This Legal Notice regulates the use of the website www.newgarden.es, owned by the entity indicated in the previous point, which we may hereinafter refer to as “responsible party” or “company.”

Browsing the company's website confers the status of user of the website and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may be subject to change.

The user undertakes to make proper use of the website in accordance with the law, good faith, public order, traffic usage, and this Legal Notice.

The user will be liable to the company or third parties for any damages that may be caused as a result of breaching this obligation.

4. Conditions of access and use.

The website and its services are freely accessible and free of charge, except for the costs of connection and access to the Internet contracted by the user. However, the company may condition the use of some of the services offered on its website on the prior completion of the corresponding form or on prior authorization by the company.

The responsibility for determining the specific content accessed by minors lies with them. Therefore, if they access inappropriate content on the Internet, mechanisms must be established on their computers, in particular computer programs, filters, and blocks, to limit the content available. Although these are not foolproof, they are particularly useful for controlling and restricting the material that minors can access.

The user guarantees the authenticity and accuracy of all data communicated to the company and shall be solely responsible for any inaccurate or false statements made.

It is the user's responsibility to keep the information provided to the company up to date at all times.

The user shall make appropriate use of the company's content and services. They will use the website in accordance with the law, this Legal Notice, and morality and good customs. To this end, the user will not use the website for prohibited or illegal purposes, will not violate the rights and interests of third parties, and will avoid any form or action that could damage or cause harm to the company and/or third parties.

The user therefore undertakes not to carry out any of the following activities or actions:

1. Disseminating content that is criminal, violent, offensive, disrespectful and, in general, contrary to the law or public order.
2. Introduce computer viruses or perform actions that may alter, damage, interrupt, or generate errors or damage to electronic documents, data, or physical and logical systems of the company or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of the computer resources through which the company provides its services.
3. Attempting to access the accounts and/or profiles of other users or restricted areas of the company's or third parties' computer systems and, where applicable, extracting information.
4. Violating intellectual or industrial property rights, as well as violating the confidentiality of the company's or third parties' information.
5. Impersonate another user, public administrations, or a third party.
6. Reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify the content, unless authorized by the owner of the corresponding rights or it is legally permitted.
7. Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.
8. Not to transmit, disseminate or make available to third parties: information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:
9. violates, disregards or is contrary to fundamental rights and public freedoms recognized in the Constitution, international treaties and other applicable regulations;
10. induces, incites or promotes criminal, degrading, defamatory, violent or, in general, illegal, immoral or contrary to public order actions;

• induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;

1. is contrary to the right to honor, personal or family privacy or the image of individuals;
2. in any way, damages the credibility of the provider or third parties; and constitutes illegal, misleading or unfair advertising.

 

5. Intellectual property.

The website and all content necessary or implicit in its functioning: texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to the company or its respective owners, without any of the exploitation rights over them being transferred to the user beyond what is strictly necessary for the correct use of the website.

All the aforementioned content, including but not limited to the above, is protected by intellectual and industrial property laws. Any reproduction, use, distribution, or communication, whether partial or total, requires prior authorization from the company or, where applicable, from the respective owners.

By default, users of the website may only view and use its content privately, for the lawful and implicit actions of the website and the company's services; they may not be subject to any type of exploitation or transfer to third parties.

Likewise, all trademarks, trade names, logos, graphics, or distinctive signs of any kind that may appear on the website are the property of their respective owners, and the use or access thereof does not imply any rights over them.

The company acknowledges the industrial and intellectual property rights of the corresponding owners. The mention or appearance on the website of third-party names and trademarks does not imply any right or responsibility of the company over them, nor does it imply any endorsement, sponsorship, or recommendation by them.

The inclusion of logos, signs, data, or content that identify customers is done within the framework of fair industrial or commercial practices, and their display is limited to indicating that the company has provided them with a service or maintained a professional or commercial relationship at some point.

The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorized by the corresponding owner of the exploitation rights are prohibited.

The company is not responsible for the use that each user makes of the materials made available on this website or for the actions taken based on them.

6. Links (hyperlinks or links) and IP addresses.

The establishment of a hyperlink does not imply in any case the existence of relations between the company and the owner of the website on which it is established, nor the acceptance and approval by the company of its contents or services.

Those persons who intend to establish a hyperlink to the company's website must first request written authorization from the company. In any case, the hyperlink will only allow access to the home page of our website.

You shall refrain from making false or inaccurate statements or indications about the company, or including content that is illegal, contrary to good customs, and public order.

The company is not responsible for the use that each user makes of the materials made available on this website or for the actions taken based on them.

7. Exclusion of guarantees and responsibilities.

The content of this website is of a general nature and is for informational purposes only. Access to all content is not fully guaranteed, nor is its completeness, accuracy, validity, or timeliness, nor its suitability or usefulness for a specific purpose.

The company is not responsible for the information and content stored, by way of example, but not limited to, in forums, chats, blog generators, comments, social networks, or any other means that allows third parties to publish content independently of the company's website.

However, and in compliance with the provisions of the LSSICE, the company is available to all users, authorities, and law enforcement agencies, and actively collaborates in the removal or, when necessary, blocking of any content that may affect or contravene national or international legislation, the rights of third parties, or morality and public order.

If the user considers that there may be any content that could be classified in this way, they are requested to notify the company immediately by any of the means of contact indicated at the beginning of this Legal Notice.

The company excludes, to the extent permitted by law, any liability for damages of any kind arising from:

1. The inability to access the website or the lack of truthfulness, accuracy, completeness, and/or timeliness of the content, as well as the existence of vices and defects of any kind in the content transmitted, disseminated, stored, made available, or accessed through the website or the services offered.
2. The presence of viruses or other malicious elements (malware) in the content that may cause alterations and damage to users' computer systems, electronic documents or data.
3. The breach of laws, good faith, public order, traffic uses and this Legal Notice as a result of the incorrect use of the website. In particular, and by way of example, the company is not responsible for the actions of third parties that violate intellectual and industrial property rights, rights to honor, personal and family privacy and image.
4. Any information found outside this website and not managed directly by the company, including any existing links or hyperlinks, whose sole function is to inform the user of other sources likely to expand the information and content offered on the website.

The company reserves the right to modify any type of information or content that may appear on the website, without any obligation to give prior notice or inform users.

Users are responsible for reading the Legal Notice each time they visit the website, as the terms may be modified without prior notice or notification to users, with publication on the company's website being sufficient.

8. Privacy and cookies.

The company is highly committed to complying with personal data protection regulations to guarantee the privacy of individuals and the correct processing of personal data, fully complying with its obligations and the corresponding security measures.

For more information, see the Privacy Policy on the website.

The website may use cookies (files with information that the server sends to the user's computer) to carry out certain functions of the website, which may be necessary for its proper functioning or optional to improve its functioning and carry out other functions.

In the case of non-essential cookies, the user's informed consent may be required beforehand.

In any case, you can consult the website's Cookie Policy.

9. Procedure in the event of illegal activities.

In the event that any user or third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the company's website, they must send a notification through any of the contact means indicated at the beginning of this Legal Notice, identifying themselves properly, specifying the alleged infringements and expressly stating under their own responsibility that the information provided in the notification is accurate.

Notifications, applicable legislation, and jurisdiction.

All notifications and communications between users shall be considered effective when made through the means of contact indicated at the beginning of this Legal Notice. Users should contact the company through any of these means.

If any point or provision of any terms, conditions or policies on the website is invalid or unenforceable, the rest of the terms will remain valid and in force.

For any legal dispute concerning the company's website, Spanish law will apply, and the Courts and Tribunals of the company's registered office will be competent.